Honorable Mayor and Members of the City Council. Len Gorecki, Assistant City Manager/Director of Public Works Philip Wang, Associate Engineer

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1 14-E TO: ATTENTION: FROM: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Len Gorecki, Assistant City Manager/Director of Public Works Philip Wang, Associate Engineer SUBJECT: Consideration and possible action to adopt Resolution No A Resolution adopted pursuant to Public Contract Code finding that an emergency exists within the City and authorizing contracting without the need for bidding pursuant to and Bellflower Municipal Code Chapter 2.20 for emergency repairs to the Carfax Avenue storm drain and finding that the project is exempt from review under the California Environmental Quality Act as an emergency project. DATE: February 11, 2019 EXECUTIVE SUMMARY The corrugated metal pipes that make up the Carfax Avenue storm drain have collapsed and without repair, the drain does not function to design capacity. Flooding may occur during heavy rains causing damage to property in the surrounding neighborhood. Due to the urgent need to repair the Carfax Avenue storm drain, the City Manager declared an emergency and authorized the Director of Public Works, or designee, to undertake all actions required to repair the Carfax Avenue storm drain. The attached Resolution will ratify the City Manager s administrative declaration of an emergency and authorize contracting without the need for bidding. RECOMMENDATION TO CITY COUNCIL 1) Adopt Resolution No ; 2) Authorize the City Manager, or designee, to execute a public works contract, in a form approved by the City Attorney, with Van Diest Bros., Inc. (Van Diest); or 3) Alternatively, discuss and take other action related to this item. FISCAL IMPACT Payment to Van Diest Bros., Inc., for the emergency repairs to the Carfax Avenue storm drain will be $28,500. Funds are available in Account No (General Fund - Stormwater Management Contract Services). Page 1 of 2-1-

2 Staff Report Resolution Ratifying Declaration of Emergency for the Carfax Avenue Storm Drain February 11, 2019 Page 2 of 2 BACKGROUND In October 2017, the property owner at Carfax Avenue reported to the City that the storm drain on Carfax Avenue had poor drainage causing flooding during the rainy season. Public Works staff conducted investigations into the matter and notified the County of Los Angeles (County) to make repairs. In February 2018, the property owner again contacted the City and reported that there was a sinkhole on the storm drain easement adjacent to her property. Again, the City contacted the County and reported the issue. Several months later, the County responded back to the City and provided documentation that the City actually owned the storm drain easement and was responsible for the repairs. After verifying the documentation submitted by the County showing that the City was responsible for the repairs, City staff had cameras sent down the storm drain line to determine the extent of damages in order to properly obtain a quote to have the repairs made. The City contacted Van Diest Bros., Inc. (Van Diest), an area contractor that has performed several jobs in the City. Van Diest provided a cost proposal to complete the repairs to the Carfax Avenue storm drain for a total cost of $28,500. Public Works has reviewed the quote and determined it to be acceptable. Work includes excavation, replacement of corrugated metal pipe, clearing of blockage, protection of existing fence and gate, and restoration. Ordinarily, the Public Contract Code ( PCC ) requires formal bidding for all public works projects. However, PCC allows the City Council to adopt a resolution by four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Pursuant to this section and PCC 22050, the City Council may bypass bidding requirements ordinarily required under the PCC. An emergency is defined as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Accordingly, on January 30, 2019, the City Manager declared an emergency and authorized the Director of Public Works, or designee, to undertake all actions required to repair the Carfax Avenue storm drain without the need for public bidding, pursuant to PCC and other applicable law. Adopting the proposed Resolution will ratify the emergency; authorize staff to execute the appropriate contract with Van Diest; and ensure that Van Diest will be properly compensated for its emergency response and repairs to the existing storm drain system. ATTACHMENTS Resolution No Aerial Photograph

3 CITY OF BELLFLOWER RESOLUTION NO A RESOLUTION ADOPTED PURSUANT TO PUBLIC CONTRACT CODE FINDING THAT AN EMERGENCY EXISTS WITHIN THE CITY AND AUTHORIZING CONTRACTING WITHOUT THE NEED FOR BIDDING PURSUANT TO AND BELLFLOWER MUNICIPAL CODE CHAPTER 2.20 FOR EMERGENCY REPAIRS TO THE CARFAX AVENUE STORM DRAIN AND FINDING THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AN EMERGENCY PROJECT. THE CITY COUNCIL RESOLVES AS FOLLOWS: SECTION 1. The City Council finds and declares as follows: A. Pursuant to Public Contract Code ( PCC ) 20168, the City Council may, upon a four-fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency. B. In accordance with PCC and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. C. Conditions of extreme peril to the safety of persons and property occurred within the City of Bellflower as a result of failure of the Carfax Avenue storm drain. A copy of the City Manager s administrative declaration of emergency is attached as Exhibit A, and incorporated by reference. D. Based upon the City Manager s declaration of emergency, the City Council finds that there is an imminent threat to public health, safety, and welfare that requires immediate action. E. In compliance with applicable law, and to protect public health, safety, and welfare, the City Manager took immediate emergency action authorizing the Director of Public Works, or designee, to undertake all actions required to repair the Carfax Avenue storm drain without the need for public bidding, pursuant to PCC and Bellflower Municipal Code ( BMC ) Chapter 2.20, and has reported his actions to the City Council. F. Under such emergency conditions, the City Council finds that the delay resulting from public bidding would have prolonged conditions of extreme peril to the public health, safety, and welfare of persons and property. Page 1 of 2-3-

4 City of Bellflower Resolution No Page 2 of 2 G. The project is exempt from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code section et seq. ( CEQA ) pursuant to Section 15269, subdivision (c) of the CEQA Guidelines because the demolition of the public nuisance on the Property is an emergency project necessary to protect public health, safety, welfare, and property. SECTION 2. In light of the emergency described above, the City Council ratifies the actions of the City Manager to take all steps necessary to protect public health, safety, welfare, and property including, without limitation, awarding contracts in accordance with PCC and BMC Chapter SECTION 3. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution. SECTION 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable. SECTION 5. To the extent that any other resolution pertaining to the finding that an emergency exists within the City and authorizing contracting without the need for bidding for repair of the Carfax Avenue storm drain is incorporated into this Resolution, it is superseded in its entirety. SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 7. This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 11 th DAY OF FEBRUARY ATTEST: Sonny R. Santa Ines, Mayor Mayra Ochiqui, City Clerk APPROVED AS TO FORM: Karl H. Berger, City Attorney Attachment Exhibit A -4-

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2) Alternatively, discuss and take other action related to this item.

2) Alternatively, discuss and take other action related to this item. 14-M TO: ATTENTION: FROM: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Len Gorecki, Assistant City Manager/ Director of Public Works Bernardo Iniguez, Public Works Manager